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The $750,000 Primary Residence Procedure

Since April 1, 2025, a decedent's primary residence worth up to $750,000 can transfer through a simplified court petition rather than a full probate. That is a genuine change, and it is the first meaningful relief California homeowners have gotten from this system in a long time.

It is also narrower than the headlines suggested, so read the limits before you plan around it.

Before April 2025, the simplified real property procedure was capped at a figure so low that no house in Los Angeles County qualified. The cap for a decedent's primary residence is now $750,000. Below that line, a petition can transfer the property without opening a full administration, without a personal representative, and without the statutory percentage fee.

Other assets are unaffected. They still ride on the small estate affidavit with its own threshold of $184,500, adjusted for inflation. The two procedures are separate and you can use both.

Primary residence means primary residence

The rental duplex in Panorama City does not qualify no matter what it is worth. Neither does the second home in Palm Springs. This is the home the decedent actually lived in, and the value is measured as of the date of death, which is why the appraisal matters more than your Zestimate.

The $750,000 line is a cliff, not a slope

At $740,000 you file a petition and get an order. At $780,000 you open a full probate and the statutory fee applies to the gross value. There is no partial credit and there is no rounding in your favor. Given where Los Angeles values sit, a great many homes land just above the line, and the ones that land just below tend to be condos, smaller properties east and south of downtown, and homes with real deferred maintenance.

And here is the part I dislike saying. The valuation is done honestly or not at all. Do not go shopping for the appraiser who will tell you $749,000. A court order obtained on a shaded value is an order somebody can attack later, and the person attacking it is usually a sibling.

How the petition works

  1. Wait the required period after the date of death before filing
  2. Get a date-of-death valuation of the residence, ordinarily through a probate referee appraisal
  3. File the petition with the court, identifying the successors in interest and giving notice to everyone entitled to it
  4. Attend the hearing and obtain an order determining who now owns the property
  5. Record the order with the county recorder so title reflects the new owners

“The first one of these I filed after the law changed felt like getting away with something. A family in Sylmar transferred their mother's house for a fraction of what a full probate would have cost. Then I ran the numbers on the next three clients and none of them qualified. That ratio has held.”

Delia Vasquez-Hart

Simplified does not mean automatic. There is a hearing, there is notice, and there are people entitled to object. If an heir disputes who should inherit, this procedure will not resolve that quarrel any faster than a full case would. What it saves you is the administration machinery and the percentage fee, which is plenty.

Questions we get asked

Does the mortgage reduce the $750,000 figure?

No. The gross value of the residence is what counts, the same as everywhere else in California probate. A home worth $900,000 with $400,000 owed is a $900,000 home for this purpose and does not qualify.

Can I use this if there is also a bank account and a car?

Yes. Use this petition for the residence and the small estate affidavit for the other assets, provided those stay under their own threshold.

Does it work if there is no will?

Yes. The court determines the successors under the intestacy rules and issues the order accordingly.

How long does it take compared to full probate?

Months rather than a year and a half, assuming the hearing goes forward without objection and the valuation is straightforward.

Get a date-of-death value on the property before you do anything else. Send us the address and the date of death and we will tell you which side of the $750,000 line you are likely on and what that means for cost.

Not sure what you actually need?Forty-five minutes with the attorney, no charge. Some people leave being told they do not need a trust yet.

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Since April 2025, a decedent's primary residence worth up to $750,000 can pass through a simplified California court procedure instead of full probate.
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The $750,000 Primary Residence Procedure
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Probate in Los Angeles County
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How Probate Works in Los Angeles County, Step by StepCalifornia Statutory Probate Fees, With the Actual NumbersHow Long Probate Takes in Los AngelesThe Small Estate AffidavitSpousal Property PetitionsDying Without a Will in CaliforniaSelling a House During Probate
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